The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Band 11Callaghan, 1887 |
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Seite 24
... suit against one claiming under the former upper proprietor for polluting the stream so as to ren- der it unfit for his cattle . Animus - Where immaterial . Where the claim of the plaintiff is only for compensatory damages , and not ...
... suit against one claiming under the former upper proprietor for polluting the stream so as to ren- der it unfit for his cattle . Animus - Where immaterial . Where the claim of the plaintiff is only for compensatory damages , and not ...
Seite 36
... suit at law . The only object in establishing title at law is to show that the right is in the plaintiff . The suit at law is only a means to accomplish a given end . When the end is already obtained there could be no reason for doing ...
... suit at law . The only object in establishing title at law is to show that the right is in the plaintiff . The suit at law is only a means to accomplish a given end . When the end is already obtained there could be no reason for doing ...
Seite 69
... suit of the sufferer . Pleading in such case . sufficient . Complaint in case at bar commented on and held Appeal from the Third Judicial District Court . The complaint , omitting the formal parts , was as follows : Plaintiffs allege ...
... suit of the sufferer . Pleading in such case . sufficient . Complaint in case at bar commented on and held Appeal from the Third Judicial District Court . The complaint , omitting the formal parts , was as follows : Plaintiffs allege ...
Seite 80
... suit was transferred to Lackawanna county on the creation of said county . At the trial , before HANDLEY P. J. , the defendant offered to show by the witness on the stand and other witnesses , that it was mining coal from its mines upon ...
... suit was transferred to Lackawanna county on the creation of said county . At the trial , before HANDLEY P. J. , the defendant offered to show by the witness on the stand and other witnesses , that it was mining coal from its mines upon ...
Seite 92
... suit at law is no longer necessary , and the right to an injunction in a proper case in England and most of the States is just as fixed and certain as the right to any other provisional remedy . The writ can rightfully be demanded to ...
... suit at law is no longer necessary , and the right to an injunction in a proper case in England and most of the States is just as fixed and certain as the right to any other provisional remedy . The writ can rightfully be demanded to ...
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Häufige Begriffe und Wortgruppen
action agreed agreement alleged amount answer appears assigned Assumpsit authority avers barrels bill carried Clarion County coal Coleman colliery complainant concern contract copartners Cornwall Furnace Court of Chancery court of equity damages debts declaration decree deed defendant defendant's delivered dissolution dissolved ditch entitled erected error evidence fact farm fee simple firm ground Grubb held hills injunction injury interest iron John Nash judgment jury land lease Lebanon county liable Lord Lord Eldon Maute McKnight ment mineral mining claim mining company mining partnership nership notice nuisance opinion owners paid parties partner partnership property payment persons plaint plaintiffs in error possession premises profits purchase purpose question refused respect rule share shareholders Slemmer Smith sold statute stream Supreme Court tenants in common thereof tion tract trial trust undivided Vannoy verdict William Crawshay
Beliebte Passagen
Seite 616 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Seite 516 - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing (3 RS 6 ed.
Seite 64 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Seite 649 - The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer.
Seite 54 - I think, my lords, that, in a case of that description, the submission which is required from persons living in society to that amount of discomfort which may be necessary for the legitimate and free exercise of the trade of their neighbors would not apply to circumstances the immediate result of which is sensible injury to the value of the property.
Seite 54 - ... the public at large. If a man lives in a street where there are numerous shops, and a shop is opened next door to him, which is carried on in a fair and reasonable way, he has no ground for complaint, because to himself individually there may arise much discomfort from the trade carried on in that shop.
Seite 688 - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
Seite 694 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Seite 617 - Islands, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this Act, in the absence of any adverse claim; but nothing in this Act shall be deemed to impair any lien which may have attached in any way whatever prior to the issuance of a patent.
Seite 666 - In testimony whereof, I have caused these letters to be made patent, and the seal of the Department of the Interior of the United States to be hereunto affixed.